batavia

Whiskey 7, the World War II-era plane based in Livingston County, was practicing touch-and-gos at the Genesee County Airport this afternoon.

Previously: Photos: D-Day plane stops for fuel at Genesee County Airport

Thousands of people -- high school soccer players, coaches, officials, and parents -- are in Batavia this weekend for the Empire Cup, a soccer showcase that gives high school players from throughout the Northeast a chance to play against other top players and display their skills for college recruiters.  

In the parking lot were license plates from New Jersey, Pennsylvania, Maryland, Ontario, Canada, and, of course, New York.

Players were at both the Batavia Sports Park on State Street Road and at Genesee Community College.

The event brings an estimated $500,000 into the local economy. The Empire Cup is supposed to go for two weeks, but the boys' event was rained out last weekend.

Area volunteer firefighters and staff from Emergency Services were at Kiwanis Park in Batavia this morning to learn about setting up a system of booms over water that would be deployed in the case of an oil spill.

The idea is, say, a tanker overturns and accidentally dumps its cargo and it flows into the Tonawanda Creek, which could cause significant environmental damage, including damage to farm fields.

The booms would float on the top of the water and divert the water into an outlet where it could be collected for proper disposal.

The boom system is deployed with a rope gun and consists of booms that are each 50-feet long and can be locked together.

The instructor was David Sweeny, of Gallagher Marine.

Daniel Lee Green, 47, of Randall Road, Le Roy, is charged with second-degree unlawful surveillance, a felony. He is accused of installing "an imaging device in a location where there was a resonable expectation of privacy." The incident time and date was 4 p.m. on April 25 in the Town of Le Roy. No other details were provided in the report. The investigating officer was Genesee County Sheriff's Youth Officer John Dehm. Green was arraigned in Town of Le Roy Court.

Darrell D. Smith, 50, of Bank Street, Batavia, is charged with: first-degree coercion; first-degree unlawful imprisonment; second-degree menacing; fourth-degree criminal mischief; criminal obstruction of breathing; fourth-degree unlawful possession of a weapon; and criminal tampering. Smith was arrested at 3:43 a.m. on May 6 following a disturbance at 7 Hutchins St., upper. Smith was jailed without bail and was due to reappear in City Court later on May 6. The case was handled by Batavia Police Officer Peter Flanagan, assisted by Officer Felicia DeGroot.

Joseph Bailey James, 36, of Highland Park, Batavia, is charged with: second-degree assault; third-degree criminal mischief; fourth-degree criminal mischief; resisting arrest; and second-degree harassment. James was arrested at 2:55 a.m. on May 7 at 34 Columbia Ave., Batavia. He was jailed without bail and was due in City Court May 8. The case was handled by Batavia Police Officer Eric Bolles, assisted by Officer Peter Flanagan.

Matthew Robert Reiner, 29, of Pearl Street, Batavia, is charged with: aggravated DWI -- a BAC of .18 percent or more; DWI, first offense; unreasonable speed through a yield sign; failure to yield right of way at a yield sign; and moving from lane unsafely. Reiner was arrested at 12:37 a.m. on May 12 on Route 98 in Elba after a one-car accident. He was issued appearance tickets for Town of Elba Court on June 14 and released after processing. The case was handled by Genesee County Deputy Howard Wilson, assisted by Deputy Howard Carlson.

Mary K. Shaffer, 38, of State Street, Batavia, is charged with second-degree harassment. She was arrested at 7:09 p.m. on May 5 at 107 State St. after a domestic incident wherein Shaffer is accused of hitting another person in the face. She is due in City Court May 16. The case was handled by Batavia Police Officer Christopher Lindsay, assisted by Officer Mitchell Cowen.

Matthew H. DeLosh, 26, of South Swan Street, Batavia, is charged with: aggravated unlicensed operator -- under the influence of alcohol; DWI -- first offense; and DWI -- with a BAC greater than .08 percent. DeLosh was arrested at 10:54 a.m. on May 8 on Ellicott Street following a traffic stop. Upon further investigation, it was learned that his driving privilege was previously suspended for a prior alcohol-related offense. He was released under supervision of Genesee Justice and is due in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence, assisted by Office Jamie Givens.

Deborah S. Rodriguez, 49, of Farnsworth Avenue, Oakfield, is charged with criminally using drug paraphernalia, 2nd, a Class A misdemeanor, and aggravated unlicensed operation, 3rd, a misdemeanor. The defendant was arrested May 11 by the county Local Drug Enforcement Task Force in the afternoon following a traffic stop on Holland Avenue in the City of Batavia. She was alllegedly found in possession of drug paraphernalia and to be operating a motor vehicle with a suspended driver's license. She was issued appearance tickets returnable to City Court on May 23.

Thomas A. Gilliatt, 51, of State Street, Batavia, is charged with criminal possession of a controlled substance, 7th, a Class A misdemeanor. The defendant was arrested May 10 by the county Local Drug Enforcement Task Force, which was conducting a surveillance in the School Street municipal parking lot in Downtown Batavia when members allegedly witnessed what appeared to be a drug transaction. The task force conducted an investigation and allegedly found Gilliat in possession of a quantity of hydrocodone pills. He was arrested and issued an appearance ticket for City Court May 16.

James R. Smahol, 31, of Coronado Drive, Rochester, is charged with criminal possession of a controlled substance, 7th, and possession of a hypodermic needle. He was stopped at 7:05 p.m. on May 11 on Genesee Street in Pembroke following a traffic complaint. Smahol was allegedly found in possession of three packages of Suboxin without a prescription, plus several baggies of suspected heroin, and three hypodermic needles. He was released on an appearance ticket for Town of Pembroke Court on June 20. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by Deputy Lonnie Nati.

Danielle M. Rozell, 35, of West Main Street, Batavia, is charged with two counts of DWI. She was arrested at 2:05 a.m. on May 7 following a report of a possibly intoxicated female operating a vehicle at a gas station. She was issued appearance tickets and is due in City Court on May 24. The case was handled by Batavia Police Officer Felicia GeGroot, assisted by Officer Eric Bolles.

Corey Green, 22, of Smith Street, Warwick, R.I., and three others whose ages and residences were not provided -- Sean A. Goncalves, Bala G. Belmiro and Fernando Campos Roldan -- are all charged with soliciting without a permit. On May 5 at about 10:30 a.m., Batavia Police officers Frank Klimjack and Kevin DeFelice responded to the area of 400 E. Main St. for the report of subjects soliciting for cellular service, according to the police report. During the investigation, it was discovered that the employees did not have permits issued by the City of Batavia Clerk's Office. They were arraigned in City Court where they each pled guilty and were fined $150. They were released after paying their fines. 

Mathew John Heimbrecht, 28, of Delaware Avenue, Buffalo, is charged with resisting arrest, trespass, and unlawful possession of marijuana. He was arrested  May 9 on a bench warrant for charges issued on April 6 on Park Road in Batavia. He was arraigned in Town of Darien Court and put in Genesee County Jail in lieu of $750 cash or $1,500 bond. He is due in court May 23. The case was handled by Genesee County Sheriff's Deputy Jeremy McClellan, assisted by a sargeant.

Jared D. Elliott, 19, of Keeney Road, Le Roy, is charged with unlawful possession of marijuana. He was stopped at 12:32 a.m. on East Main Street in Batavia and allegedly found to possess marijuana. He was issued an appearance ticket for May 23 in City Court, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer James Ivison.

Justin W. Bird, 28, of Ross Street, Batavia, is charged with unlawful possession of marijuana. Bird was arrested on West Main Street in Batavia at 7:05 p.m. on May 7 following an investigation into a complaint and he was allegedly found to possess marijuana. He was issued an appearance ticket for City Court on May 16, then released. The case was handled by Batavia Police Officer Stephen Cronmiller, assisted by Officer Nicole McGinnis.

Amar S.M. Zainelabdin, 29, no permanent address, is charged with failure to appear on an appearance ticket. Zainelabdin was located by the Erie County Sheriff's Office and turned over to BPD on a City Court arrest warrant. The defendant is scheduled to appear in City Court at a later date. The case was handled by Batavia Police Officer Marc Lawrence.

Press release:

Students in the sixth, seventh and eighth grade at St. Joseph School had the opportunity to participate in their annual spelling bee this past week. Twenty five brave students gathered on the stage for a spelling competition that lasted 35 rounds.

In the end, three eightth-graders took the top three places winning cash prizes:

• First Place -- Rachel Nickerson
• Second Place -- Katelyn Zehler
• Third Place -- Anne Marie Kochmanski

The other top spellers are: James Weicher II, Gabriel Weicher, Andrew Ricupito, Lucia Sprague, Madalyn Bochicchio, Sarah McGinnis and Isabelle Cooper.

Congratulations to this year’s top 10 spellers!

      Kim Diamond

A former UMMC employee who was stealing medical equipment and selling it on eBay entered a guilty plea in Genesee County Court to grand theft, 3rd, a step down from the original charge of second-degree grand theft, and agreed to pay $30,000 in restititution.

District Attorney Lawrence Friedman said she already paid back $10,000 and will make payments of $344 per month for five years in order to pay off the balance. 

The plea deal could still lead to a prison term for 48-year-old Kim Diamond, of Livingston County, of two-and-one-third to seven years, or she could get probation when she's sentenced on Aug. 14.

David Burke is the winner of the 2017 Spring Art Show hosted by the Batavia Society of Artists at the Richmond Memorial Library. Burke received his award at the show's opening last night.

Richard Ellingham received second place and Kevin Feary received third place.

Rachel Beck, a Genesee Community College student and resident of Attica, received the Carr-Mumford scholarship.

Four area high school students were honored by the Arc of Genesee Orleans on Thursday night at the agency's annual meeting with scholarships from the Mary Anne Graney Memorial Scholarship Fund. The scholarship is awarded to students interested in working with people with disabilities.

The scholarships were awarded to Natalie Bigelow, Batavia HS, who plans to attend Daemen College and study Physical Therapy; Alyssa Weaver, Pembroke HS, who plans to enter a Physician's Assistant Program; Hannah Bowen, Notre Dame HS, who plans to attend Clarkson University, and she will pursue a career in Psychology; Marlaina Fee, Byron-Bergen HS, who plans to study Elementary Education at Geneva College, with a focus on Special Ed and Sign Language.

Representing the schoalrship fund was Molly George.

The Kiwanis Club of Batavia, as it does every year, honored the top students from Batavia High School at its weekly lunch at the ARC facility on Woodrow Road, Batavia.

Pictured are: Campbell Anderson, Margaret Cecere, Madison Grover, Celia Flynn, Elizabeth Piedmont, Zachary O'Brien (back), Chyenne Ernst, Madison Moore, Serena Strollo-DiCenso, Abigail Stendts, Cassidy Miller, McKenna Dziemian, and Quenten Branciforte.

Amy Martin and Joe Kusmierczak star in the Batavia Player's production of "The Last Five Years," a musical written and composed by Jason Robert Brown and produced and directed by Kathy White, with performances this weekend at the Harvester 56 Theater.

Show times are 7:30 p.m., Friday and Saturday, and 2 p.m., Sunday.

Press release:

A woman called 9-1-1 to report "her husband is on a lawnmower, stuck in a lilac tree," says a dispatcher. "We're trying to figure out what's going on."

A first responder is en route to help.

The location is 8156 State Street Road, Batavia.

UPDATE 2:01 p.m.: A state trooper who responded said the family dog's barking alerted the woman to the problem and she called dispatch. Her husband had riden the lawnmower under the tree and a branch landed on his chest, pinning him in and causing the seat to recline (instead of the seat breaking, a safety feature). Because he was stuck in a reclining position, he could not reach the lawnmower's controls. He was stuck like that for about 20 minutes before the trooper arrived on scene. 

Getting to work on parts that NASA will actually use on the International Space Station is definitely something to brag about, said Dominick Brown, a senior at Batavia High School (at right, in photo above) and a student in BOCES precision machinery program.

Brown and about a dozen other students are part of a program begun this year at BOCES by teacher Tim Gleba, who persisted in his pursuit last year to get Batavia's machine shop course accepted into NASA's HUNCH program. HUNCH is a nationwide program started in 2003 that gives high school students the chance to design and manufacture hardware for NASA. The program has since expanded to include culinary arts as well so that students can come up with ready-to-eat meals for astronauts.

Students have made single-purpose storage lockers to hold experiments being taken up to the space station and one of the next projects is new handrails.

Brown's reaction was like a lot of students in a video presented by NASA scientist Florance Gold, Ph.D, yesterday at a press conference about the program in Batavia. The students all said the program inspired them to think about engineering, science and aerospace careers and gave them the confidence to think it might be something they could pursue.

"It’s really awesome that we actually get to work for NASA and it’s something I can put on my resume," Brown said. "I’m always bragging to my friends, ‘OK, I work for NASA now.’ It’s kind of cool. I’m definitely very grateful for everything my teachers and NASA have presented to me to be part of this amazing program. I’m crazy grateful. Unlike test hardware, we’re making actual hardware that is going into the space station, so it’s something that I can say, ‘I made parts that are in the space station.’ ”

Tim Gleba with the first part his precision machine students made for NASA.

NASA scientist Flo Gold

Nancy Hall, an aerospace engineer with NASA, who works at the Glenn Research Center in Ohio.

A couple of weeks ago, BOCES students were able to visit the facility. Hall said it's special getting to work for NASA.

“One thing I want to pass onto the students is think about the opportunity you have in front of you," Hall said. "You’re going to be making parts for NASA, which is just neat in itself. Even myself, working for NASA, I still pinch myself."

Amanda Phelps, a HUNCH support machinist with one of the storage lockers designed and made by high school students.

May is Motorcycle Awareness Month and the ABATE-Genesee County Chapter is hosting a Motorcycle Awareness Ride and 2017 "Bike Blessing" on Saturday, May 13.

Registration begins at 9 a.m. and lasts until 10:45 at Stan's Harley-Davidson dealership at 4425 W. Saile Drive, Batavia. A free pancake breakfast will be served from 9 to 10 a.m., courtesy of CMA Barnabas Chapter.

Kick-stands up for ride at 11 a.m. The ride will be about 100 miles long.

At the end of the run, food will be available at Ken's Charcoal Pits on Main Street in Downtown Batavia.

Plus, there will be 50/50 raffles and door prizes.

"Bikers make lousy speed bumps. Drive Aware." Come out and ride and get everyone "used to seeing us back on the road for 2017."

Cost is $15 per rider, $5 per passenger.

For more information, email   roadcaptian110@gmail.com

Three pieces of property snug in the middle of other housing and commercial parcels should remain, at least for the time being, available for industrial use, the City Council decided Monday night on a 3-6 vote.

The decision ends, perhaps permanently, a bid by DePaul Properties to build an 80-unit apartment complex at 661, 665 and 679 E. Main St., Batavia, that would have provided housing for people with disabilities, elderly residents lacking mobility, and veterans with special needs.

Developer Mark Fuller didn't rule out trying to build the complex sometime in the future -- the property is likely to be rezoned as part of the city's revision of its comprehensive plan -- but he sounded a sour note as he discussed the council's rejection of the rezoning resolution, and hence, his project.

"I really don’t want to go into communities where we’re not well received," Fulle said. "There’s yet to be a community that hasn’t wanted us to come in. If the community is still against it if it’s zoned differently, I just don’t know that I want to put energy into a community that is not behind it."

Fuller is a Genesee County resident and said he was baffled by the community's response to the project proposal, which would have represented a $25 million local investment by DePaul and increased the current tax revenue for the city four times over the current tax revenue, plus generated significant revenue for sewer and water hookups.

The PILOT (Payment in Lieu of Taxes) agreement DePaul Properties was willing to enter into for the project would have actually obligated DePaul to pay more in taxes than otherwise required for a nonprofit under Property & Tax Law section 581(a).

In other communities where Fuller has overseen the development of DePaul projects there has been nothing but positive feedback he said, including West Seneca, which he said saw an increase in property values around the DePaul project there.

"We had a press conference in Rome this morning where 80 people showed up thanking us for coming and every single City Council member came up and thanked me for developing there," Fuller said. "We have a lot of projects across the state. We get calls all the time, so I think I’m going to put my energy into communities that want the redevelopment and investment."

The housing is needed in Batavia, Fuller said, because currently the people who might live in the complex are stuck in substandard housing for their needs or unable to live independently because of the lack of adequate housing for their needs. The market for this housing is very different from standard rentals, he said, and wouldn't be competition for existing landlords.

Fuller's comments came after a lengthy City Council session that included public comments both for and against the project and remarks from council members who both supported and opposed letting DePaul build on the property.

The nay votes came from Bob Bialkowski, Paul Viele, Kathy Briggs, Al McGinnis, John Canale, and Council President Eugene Jankowski.

Many of the DePaul supporters were clients of DePaul or otherwise associated with the organization.

Quentin Call said that DePaul has been an asset to every community where it has built a project and that even though it's a nonprofit, through a special Payment In Lieu of Taxes arrangement, DePaul will increase funding for the city over the property's present commercial use. 

"I’m not sure if any industrial uses have been proposed for the property, however in regards to the PILOT program, any industrial facility that might come in would be seeking that designation as well," Call noted.

Pastor Marty Macdonald, from City Church, and himself a local landlord, said he believes, based on his experience as a landlord and pastor of a large church, that the community needs the additional handicapped accessible housing from DePaul.

"I’m going at this from a humanitarian position, but business side as well, that there is a need for housing and there is going to be a greater need for housing," Macdonald said. "Batavia will not stay the same as it is. There are too many great things going on. I’m thankful for that and I hope you are, too."

Batavia resident John Roach was among the speakers casting doubts on the need for more apartments in Batavia. He said including DePaul, there are an additional 180 to 190 apartment units currently on the drawing board for Batavia.

"You’re already going to have one 100 new apartments in areas that are already zoned for it," Roach said. "We don’t need these 80 rooms."

George Gallegher said something industrial or commercial should go on the property, not apartments run by a nonprofit.

"This isn’t the best use of our land resources that are capable of generating tax income," Gallegher said. "Now they want to add two more tax exempt PILOT programs again right on Main Street. The people that I talk to who are well versed in where properties should be and how they should be used, they said that’s not very smart."

John Gerace argued the property should remain zoned industrial.

"The City Manager apparently must be clairvoyant to say that there will never be any development on that property that is industrial," Gerace said. "Who knew what happened in the city years and years ago --- what’s going to happen down the road a year from now, two years from now, and what that property could be used for and on the tax record."

DePaul, he said, like anybody else, was just looking to make money.

"DePaul is going to receive dollar for dollar tax credits," Gerace said. "That’s $25 million in tax credits. Why do they want to build this? Because there’s money in it. And yes, will it serve a purpose for our community, absolutely, and I’m all for helping our seniors, our veterans, our needy folks. This is not the project for it, unfortunately, and it should not be here in Batavia. I don’t know why it’s not in Le Roy."

It's not clear where Gerace is getting the $25 million tax credit figure. There's no public document available to support the assertion. Also, there already is a DePaul project being considered for Le Roy.

When it came time for council members to address the issue, Councilwoman Patti Pacino spoke up first and said as somebody about to turn 70, her need for a place to live such as DePaul is only about a decade away. She said her and her husband, a disabled veteran, will want a place with the ease-of-access the DePaul project was offering and that currently there isn't an adequate supply of such housing in Batavia.

"You know what, I don’t want to live in Le Roy," Pacino said. "I don’t want to live in Stafford. I don’t want to live in the Town of Batavia. I want to live in the city I grew up in and I helped make better in any number of ways, working with children, church organizations, City Council.

"There are lovely apartments here if you happen to be a young person," she added, "but guess what guys, all the sudden you look in the mirror and you’re looking at your mother’s face and her hand is coming out your sleeve."

She said she favored tabling the resolution until the city completes its comprehensive plan and the county completes its housing study so the council could make a decision with more information available. The motion to table failed on a 4-5 vote.

Councilman John Canale also supported tabling the resolution, but ultimately voted against the rezone, saying it was one of the hardest decisions he's wrestled with in four-and-a-half years on council, but it was what his constituents wanted.

"I feel that at this point I just can’t support this because I know we wouldn’t be sitting here talking about rezoning if DePaul hadn’t come froward with this project," Canale said.

Councilman Adam Tabelski spoke at length about the rezoning issue, arguing that dropping the industrial zone designation was the only reasonable approach the council could take.

"That (industrial zoning) is very difficult to justify in my opinion when nobody is out marketing it as such," Tabelski said. "The fact is, industrial development has not had a history at all at that site. In fact, as Councilman (Bob) Bialkowski mentioned, its history has been residential and commercial. If we are waiting for some factory to be built on this location, we’re waiting for a ship that is never going to come in."

Tabeliski noted that nearly every property to the east of the three parcels is currently residential and all the properties to the west are commercial.

"Across the street, you have an ice cream shop, a gas station, a car wash and an auto parts store," Tabelski said. "It makes no sense to me how a C2 designation is somehow out of character with that immediate neighborhood."

He said keeping the property zoned industrial is just inviting something out of character, that will upset area residents, to be built on the property. The council should listen to the city's own planning board, which recommended rezoning, and the County Planning Board, which also supported the rezoning.

"These are the experts who are supposed to guide us on land use, both in the short term and the long term, and to ignore their expertise and experience does them and us a big disservice," Tabelski said. "We have a reputable developer knocking on our door willing to invest $25 million in our community and our goal is to create opportunities for our residents. I think we need to welcome it."